Amended in Assembly April 22, 2014

Amended in Assembly March 24, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1826


Introduced by Assembly Member Chesbro

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(Coauthors: Assembly Members Gordon, Skinner, Ting, and Williams)

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February 18, 2014


An act to add Chapter 12.9 (commencing with Section 42649.8) to Part 3 of Division 30 of the Public Resources Code, relating to solid waste.

LEGISLATIVE COUNSEL’S DIGEST

AB 1826, as amended, Chesbro. Solid waste: organic waste.

(1) The California Integrated Waste Management Act of 1989, which is administered by the Department of Resources Recycling and Recovery, establishes an integrated waste management program that requires each county and city and county to prepare and submit to the Department of Resources Recycling and Recovery a countywide integrated waste management plan. The act requires a business, which is defined as a commercial or public entity, that generates more than 4 cubic yards of commercial solid waste per week or is a multifamily residential dwelling of 5 units or more, to arrange for recycling services. Existing law also requires jurisdictions to implement a commercial solid waste recycling program meeting specified elements.

This bill would require a business that generates a specified amount of organic waste per week to arrange for recycling services for that organic waste in a specified manner. The bill would decrease the amount of organic waste under which a business would be subject to those requirements from 8 cubic yards or more during 2016 to 4 cubic yards during 2017 and 2018 and to one cubic yard or more on and after January 1, 2019.

This bill would require a business, when arranging for gardening or landscaping services, to require the organic waste generated by those services to comply with the requirements of this act.

This bill would require each jurisdiction, on and after January 1, 2016, to implement an organic waste recycling program to divert organic waste from the businesses subject to this act, thereby imposing a state-mandated local program by imposing new duties on local government agencies. The bill would require each jurisdiction to report to the department on its progress in implementing the organic waste recycling program, and the department would be required to review whether a jurisdiction is in compliance with this act.

This bill would authorize a local government agency to charge and collect a fee from an organic waste generator to recover the local government agency’s costs incurred in complying with this act.

This bill would require the department tobegin delete reduce barriers to sitingend deletebegin insert identifyend insertbegin insert and recommend actions to address permitting and siting challengesend insert andbegin insert toend insert encourage the continued viability of the state’s organic waste processing and recycling infrastructure, in partnership with the California Environmental Protection Agency and other specified state and regional agencies. The bill also would require the department to cooperate with local jurisdictions and industry to provide assistance and incentives for increasing the feasibility of organic waste recycling.

(2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Chapter 12.9 (commencing with Section 42649.8)
2is added to Part 3 of Division 30 of the Public Resources Code, to
3read:

 

P3    1Chapter  12.9. Recycling of Organic Waste
2

 

3

42649.8.  

For purposes of this chapter, the following terms shall
4apply:

5(a) “Business” means a commercial or public entity, including,
6but not limited to, a firm, partnership, proprietorship, joint stock
7company, corporation, or association that is organized as a
8for-profit or nonprofit entity, or a multifamily residential dwelling.

9(b) “Commercial waste generator” means a business subject to
10subdivision (a) of Section 42649.2.

11(c) “Organic waste”begin delete includes, but is not limited to,end deletebegin insert meansend insert food
12waste, green waste, landscape and pruning waste,begin delete and wood waste.end delete
13begin insert nonhazardous wood waste, and food-soiled paper.end insert

14(d) “Organic waste generator” means a business subject to
15subdivision (a) of Section 42649.81.

16(e) “Self-hauler” means a business that hauls its own waste
17rather than contracting for that service.

18

42649.81.  

(a) (1) On and after January 1, 2016, a business
19that generates eight cubic yards or more of organic waste per week
20shall arrange for recycling services specifically for organic waste
21in the manner specified in subdivision (b).

22(2) On and after January 1, 2017, a business that generates four
23cubic yards or more of organic waste per week shall arrange for
24recycling services specifically for organic waste in the manner
25specified in subdivision (b).

26(3) On and after January 1, 2019, a business that generates at
27least one cubic yard of organic waste shall arrange for recycling
28services specifically for organic waste in the manner specified in
29subdivision (b).

30(b) A business subject to subdivision (a) shall take at least one
31of the following actions:

32(1) Source separate organic waste from other solid waste and
33subscribe to a basic level of organic waste recycling service that
34includes collection, self-hauling, or other arrangements for the
35collection and recycling of the organic waste, including managing
36it onsite or at another site owned and managed by the generator.

37(2) Subscribe to an organic waste recycling service that may
38include mixed waste processing that specifically recycles organic
39waste.

P4    1(c) A business that is a property owner may require a lessee or
2tenant of that property to source separate their organic waste to
3aid in compliance with this section.

4(d) A business generating organic waste shall arrange for the
5recycling services required by this section in a manner that is
6consistent with state and local laws and requirements, including a
7local ordinance or agreement, applicable to the collection, handling,
8or recycling of solid and organic waste.

9(e) When arranging for gardening or landscaping services, a
10business subject to this section shall require the organic waste
11generated by those services to be managed in compliance with this
12chapter.

13(f) (1) A multifamily residential dwelling that consists of fewer
14than five units is not a business for purposes of this chapter.

15(2) For purposes of determining whether a business that is a
16multifamily dwelling is required to comply with this section, the
17food waste that is generated by the residents of the multifamily
18dwelling shall not be included in determining the amount of organic
19waste generated by that business and that food waste also shall not
20be subject to the requirements of this section.

21

42649.82.  

(a) In addition to the requirements of Section
2242649.3, on and after January 1, 2016, each jurisdiction shall
23implement an organic waste recycling program that is appropriate
24for that jurisdiction and designed specifically to divert organic
25wastebegin delete fromend deletebegin insert generated byend insert businesses subject to Section 42649.81,
26whether or not the jurisdiction has met the requirements of Section
2741780.

28(b) If a jurisdictionbegin insert,end insert as of January 1, 2016, has in place an
29organic waste recycling program that meets the requirements of
30this section, it is not required to implement a new or expanded
31organic waste recycling program.

32(c) The organic waste recycling program required by this section
33shall be directed at organic waste generators and may include, but
34is not limited to, one or more of the following:

35(1) Implementing a mandatory commercial organic waste
36recycling policy or ordinance that addresses organic waste
37recycling.

38(2) Requiring a mandatory commercial organic waste recycling
39program through a franchise contract or agreement.

P5    1(3) Requiring organic waste to go through a source separated
2or mixed processing system that diverts material from disposal.

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3(4) Providing exemptions, on a case-by-case basis, deemed
4appropriate by the jurisdiction for reasons including, but not limited
5to, zoning requirements, lack of sufficient space in multifamily
6complexes or businesses to provide additional organic material
7recycling bins, nongeneration of organic materials, or the current
8implementation by a business of actions that result in the recycling
9of a significant portion of its organic waste.

10(d) (1) The organic waste recycling program shall include the
11education of, outreach to, and monitoring of businesses. A
12jurisdiction shall notify a business if the business is not in
13compliance with Section 42649.81.

14(2) The organic waste recycling program may include
15enforcement provisions that are consistent with a jurisdiction’s
16authority, including a structure for fines and penalties.

17(3) The commercial organic waste recycling program may
18include certification requirements for self-haulers.

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19(d) The organic waste recycling program shall do all of the
20following:

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21(1) Identify all of the following:

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22(A) Existing organic waste recycling facilities within a
23reasonable vicinity and the capacities available for materials to
24be accepted at each facility.

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25(B) Facilities for potential expansion or collocation.

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26(C) Closed or abandoned sites that might be available for new
27organic waste recycling facilities.

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28(D) Other nondisposal opportunities and markets.

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29(E) Appropriate zoning and permit requirements for the location
30of new organic waste recycling facilities.

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31(F) Incentives available for developing new organic waste
32recycling facilities.

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33(2) Identify barriers to siting new or expanded organic waste
34recycling facilities and specify a plan to remedy those barriers
35that are within the control of the local jurisdiction.

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36(3) Provide for the education of, outreach to, and monitoring
37of, businesses. The program shall require the jurisdiction to notify
38a business if the business is not in compliance with Section
3942649.81.

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P6    1(e) The organic waste recycling program may include any one
2or more of the following:

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3(1) Enforcement provisions that are consistent with the
4jurisdiction’s authority, including a structure for fines and
5penalties.

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6(2) Certification requirements for self-haulers.

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7(3) Exemptions, on a case-by-case basis, from the requirements
8of Section 42649.81 that are deemed appropriate by the jurisdiction
9for either of the following reasons:

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10(A) Lack of sufficient space in multifamily complexes or
11businesses to provide additional organic material recycling bins.

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12(B) The current implementation by a business of actions that
13result in the recycling of a significant portion of its organic waste.

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14(e)

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15begin insert(f)end insert (1) Each jurisdiction shall provide the department with
16information on the number of regulated businesses that generate
17organic waste and, if available, the number that are recycling
18organic waste. The jurisdiction shall include this information as
19part of the annual report required pursuant to Section 41821.

20(2) On and after August 1, 2017, in addition to the information
21required by paragraph (1), each jurisdiction shall report to the
22department on the progress achieved in implementing its organic
23waste recycling program, including education, outreach,
24identification, and monitoring, on its rationale for allowing
25exemptions, and, if applicable, on enforcement efforts. The
26jurisdiction shall include this information as part of the annual
27report required pursuant to Section 41821.

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28(f)

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29begin insert(g)end insert (1) The department shall review a jurisdiction’s compliance
30with this section as part of the department’s review required by
31Section 41825.

32(2) The department also may review whether a jurisdiction is
33in compliance with this section at any time that the department
34receives information that a jurisdiction has not implemented, or is
35not making a good faith effort to implement, an organic waste
36recycling program.

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37(g)

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38begin insert(h)end insert During a review pursuant to subdivisionbegin delete (f),end deletebegin insert (g),end insert the
39department shall determine whether the jurisdiction has made a
40good faith effort to implement its selected organic waste recycling
P7    1program. For purposes of this section, “good faith effort” means
2all reasonable and feasible efforts by a jurisdiction to implement
3its organic waste recycling program. During its review, the
4department may include, but is not limited to, consideration of the
5following factors in its evaluation of a jurisdiction’s good faith
6effort:

7(1) The extent to which businesses have complied with Section
842649.81, including information on the amount of disposal that is
9being diverted from the businesses, if available, and on the number
10of businesses that are complying with Section 42649.81.

11(2) The recovery rate of the organic waste from the material
12recovery facilities that are utilized by the businesses, all
13information, methods, and calculations, and any additional
14performance data, as requested by the department from the material
15recovery facilities pursuant to Section 18809.4 of Title 14 of the
16California Code of Regulations.

17(3) The extent to which the jurisdiction is conducting education
18and outreach to businesses.

19(4) The extent to which the jurisdiction is monitoring businesses
20and notifying those businesses that are not in compliance.

21(5) The appropriateness of exemptions allowed by the
22jurisdiction.

23(6) The availability of markets for collected organic waste
24recyclables.

25(7) Budgetary constraints.

26(8) In the case of a rural jurisdiction, the effects of small
27geographic size, low population density, or distance to markets.

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28(9) The availability of organic waste recycling facilities and
29other nondisposal opportunities and markets.

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30(10) The extent to which the jurisdiction has taken steps that
31are under its control to remove barriers to siting and expanding
32organic waste recycling facilities.

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33

42649.83.  

(a) If a jurisdiction adds or expands an organic
34waste recycling program to meet the requirements of Section
3542649.82, the jurisdiction shall not be required to revise its source
36reduction and recycling element or obtain the department’s
37approval pursuant to Article 1 (commencing with Section 41800)
38of Chapter 7 of Part 2.

39(b) If an addition or expansion of a jurisdiction’s organic waste
40recycling program is necessary, the jurisdiction shall include this
P8    1information in the annual report required pursuant to Section
241821.

3

42649.84.  

(a) This chapter does not limit the authority of a
4local government agency to adopt, implement, or enforce a local
5organic waste recycling requirement that is more stringent or
6comprehensive than the requirements of this chapter.

7(b) This chapter does not modify, limit, or abrogate in any
8manner any of the following:

9(1) A franchise granted or extended by a city, county, city and
10county, or other local government agency.

11(2) A contract, license, or permit to collect solid waste
12previously granted or extended by a city, county, city or county,
13or other local government agency.

14(3) The existing right of a business to sell or donate its recyclable
15organic waste materials.

16

42649.85.  

A local government agency may charge and collect
17a fee from an organic waste generator to recover the local
18government agency’s costs incurred in complying with this chapter.

19

42649.86.  

(a) The department shallbegin delete reduce barriers to siting
20andend delete
begin insert identify and recommend actions to address, with regard to
21both state agencies and the federal government, the permitting
22and siting challenges associated with composting and anaerobic
23digestion, and toend insert
encourage the continued viability of the state’s
24organic waste processing and recycling infrastructure, in
25partnership with the California Environmental Protection Agency
26and other state and regional agencies. These other state and regional
27agencies shall include, but are not limited to, the State Air
28Resources Board, the State Energy Resources Conservation and
29Development Commission, the Public Utilities Commission, the
30Department of Food and Agriculture, the State Water Resources
31Control Board, California regional water quality control boards,
32and air pollution control and air quality management districts.

33(b) The department shall cooperate with local government
34agencies and industry to provide assistance and incentives for
35increasing the feasibility of organic recycling by promoting
36processing opportunities and the development of new infrastructure
37of sufficient capacity to meet the needs of generators, and
38developing sufficient end-use markets throughout the state for the
39quantity of organic waste required to be diverted.

P9    1

SEC. 2.  

No reimbursement is required by this act pursuant to
2Section 6 of Article XIII B of the California Constitution because
3a local agency or school district has the authority to levy service
4charges, fees, or assessments sufficient to pay for the program or
5level of service mandated by this act, within the meaning of Section
617556 of the Government Code.



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